~by Janice Harbaugh for GreeneCountyNewsOnline
Speaking carefully in half-sentences and leaving thoughts unfinished, the Greene County board of supervisors discussed several aspects of the proposed Summit carbon-capture pipeline and its proposed pathway through Greene County. An informational meeting hosted by the Sierra Club had been held Aug 8. The supervisors expressed grave concerns about the pipeline at their regular meeting on Aug. 12.
Supervisor Dawn Rudolph reported she had attended the meeting, and she expressed serious reservations about the safety of the pipeline.
“I don’t know how good of a thing this is,” she said. Rudolph asked whether permits for road crossings could be denied since “they (Summit) aren’t really a public utility.”
Addressing county attorney Thomas Laehn, who also attended the Aug. 8 meeting, Rudolph asked, “Can we deny those or not?”
Laehn replied he didn’t think road crossing permits could be denied. “The State has determined it is a public utility,” he said, “and we don’t have the authority to override that.”
Chair John Muir asked if the board could still “come up with ordinances like we did for the solar farm?”
“I don’t think you can,” Laehn said. “You certainly have authority to impose conditions anytime it affects tiling, as trustees of the drainage district.”
“Counties that have passed ordinances are being sued,” Laehn added.
Laehn spoke of “doing what’s right even in the face of lawsuit,” but went on to say, “I can’t advise you to do something where I know you’ll be sued, and I predict you’re going to lose.”
Laehn said judges have sided with the pipeline in other cases (of counties passing ordinances.)
“The State has given the Iowa Utilities Board authority,” Laehn said, though the county could submit objections.
Laehn said there has been some success (in fighting the pipeline) in the Dakotas because “the Feds have given local jurisdictions authority (to add regulations on the pipeline.)” Laehn said laws in the Dakotas are written to allow this.
“Iowa is a different animal (than the Dakotas.) The Feds have said there can be local regulation, but our State government has not said that. The Iowa Code instead gives trustees of drainage districts authority to impose drainage district protection agreements,” he continued.
“So, you have that authority, not as the county board of supervisors, but as the drainage district trustees,” Laehn said. He did clarify, however, that an action by the drainage district trustees could not be the basis for the board of supervisors to enact an ordinance.
“No one in this room is more opposed to this pipeline than I am,” Laehn said, “but, as your attorney, why not see how other counties’ lawsuits play out before we expose ourselves?”
The issue of water usage and the ultimate disposal of used water was discussed. The board heard information that massive amounts of water would be used to cool the pipeline pumping stations and then would be discharged into local waterways. Board members cited environmental issues and waste of water.
Rudolph told the board the pressure in the pipeline was very high to the point of being dangerous, much higher than a natural gas line.
The board discussed the danger of a carbon dioxide breach since the CO2 is dense and does not dissipate. It is believed it can kill for 1400 feet beyond the pipeline if there is a leak.
“You won’t know it’s leaking until the chickens die,” Rudolph said.
Supervisor Dan Benitz said, “At least it’ll get rid of gophers.”
Rudolph dryly responded, “It’ll be too late for a lot of things.”
Laehn observed, “Over my tenure, and the last 10 years, the ability of counties to legislate has been increasingly diminished.” Laehn said his opinion is that he could help the board draft an objection and/or work through their role as drainage district trustees to control the effects of the pipeline on the county.
Laehn discussed the board’s previous objection against the use of eminent domain and asked if they wanted to add to that objection.
Various board members suggested objections based on safety and water usage.
“I don’t recognize it as a public utility,” Muir said. “It doesn’t have any of the characteristics of one. It’s privately owned.”
“The pipeline is under the authority of the IUB,” Laehn said, “and the IUB is controlled by the governor. She stacked the deck (by appointing selected IUB members.)”
Summit Carbon Solutions will hold a public informational meeting Wednesday, Aug. 28, at noon at Clover Hall on the fairgrounds in Jefferson.
In other business, the board heard a report from Rudolph about new behavioral health system districts. Rudolph showed supervisors the new region that now includes Greene County and described the changes as “a mess.”
Rudolph said the changes will have to be worked through and go into effect in July 2025. Board members expressed disbelief at the disjointed nature of services provision, and supervisor Pete Bardole said, “Somebody had to justify their job (in order to come up with this).”
“I’m sure (the redistricting) affects every region in the state,” Rudolph said.
Jefferson city administrator Scott Peterson gave his monthly update to the supervisors.
Peterson said the week of Aug. 19 will see the start of bridge renovation/replacement on Grimmell and the road will be closed near the bridge starting Monday. The detour will be west to Deal’s Orchard and the gravel road will be dust-treated. He said the road work on east Lincoln Way by the fairgrounds will finish up next week while construction of the pickleball court in Russell Park will begin next week.
Peterson said the position of parks and recreation director has been filled by promoting assistant director Nathan Kral. A new assistant will be hired before retiring director Denny Hammen leaves.
Progress downtown includes the completion of the second story apartments in the Public House. Peterson said the agreement with Public House mandated the completion of the second story before the first story restaurant can be started. He said the first story can now proceed.
